The following procedures control the course of reconsideration and appeal to the control authority with respect to the construction, application, or enforcement of this chapter, and may be used if informal methods do not achieve satisfaction.
(A) Any permit applicant, permit holder, authorized industrial wastewater discharger, or other discharger adversely affected by any decision, act, or determination made by or on behalf of the control authority by the Director or his authorized representative in interpreting or implementing the provisions of this chapter or any permit issued thereunder, with the exception of any decision, determination, or order made following a show cause hearing pursuant to this chapter, may file with the control authority a written request for reconsideration. The request shall be received at the control authority's General Offices within 20 days of the date of the occurrence of the control authority's action or decision to dispute. All requests shall set forth the requestor's name and address, along with a brief statement of the reasons it is requesting and the factual basis for the request. Requests shall be filed in triplicate and sent by certified mail to the General Offices of the control authority.
(B) The control authority shall notify the applicant within 15 days after receipt of any request for reconsideration of the time and place for hearing upon the request. The hearing shall be conducted by the Director or his authorized representative not less than ten days and not more than 30 days after mailing the notice. The hearing may be continued for a reasonable time for good cause shown, at the discretion of the Director. The hearing shall be held as an informal consultation and conference at which the requestor, in person or by counsel, shall present his argument, evidence, data, and proof in connection with the issue submitted. The parties shall not be bound by legal rules of evidence. The hearing shall be recorded and the requestor shall be provided with a transcript thereof upon request and upon payment of the cost thereof. The decision of the Director shall be made known to the requestor by certified mail within 30 days after the hearing.
(C) The requestor may appeal the ruling of the Director on the request for reconsideration of any order or decision issued following a show cause hearing pursuant to this chapter by filing a request for an appearance before the Board. The procedures for appearance before the Board will be determined by the Board, and the requestor will be notified of these procedures within 30 days after such a request is filed.
(D) The filing of a request for reconsideration or for appeal and appearance before the Board shall stay any action by the control authority, unless the action is immediately necessary to prevent pass- through, interference, or other significant harm to the POTW.
(‘83 Code, § 54.13) (Ord. 89-009, passed 8-21-89)